Kolkata Court September 2010 Judgments
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Baba Ajit Singh Cold Storage Pvt Ltd. and anr. Vs. the Registrar of Co ...
Court: Kolkata
Decided on: Sep-02-2010
The Court : It has been admitted in the affidavit in opposition filed by the Central Government, that the procedure under Section 560(6) of the Companies Act, 1956, has not been followed before striking off the name of the company from the register of the Registrar of Companies. Three notices are contemplated in such Section and the Sub- Sections there under before such action be taken. In view of the above procedural irregularity, the decision to remove the name of the company from the register is set aside. However, this will not preclude the Registrar from taking fresh action in accordance with law, as is available to him. This application is accordingly allowed. Affidavit filed by the Central Government in Court is taken on record. All parties concerned are to act on a signed photocopy of this order upon the usual undertakings....
Shivam Ferro Netting Pvt. Ltd. and anr. Vs. West Bengal State Electric ...
Court: Kolkata
Decided on: Sep-02-2010
The Court :-The petitioners are questioning the order of the appellate authority dated July 12, 2010 at p.127 under section 127 of the Electricity Act, 2003. Mr. Ghosh, counsel for the petitioners, submits that the appellate authority has made a stereo type order. Mr. Panja, counsel for the respondents, has disputed the correctness of the submission. Mr. Ghosh has prayed for admission and an interim order directing the licensee to reconnect supply of electricity. In view of the provisions of regulation 6 of the West Bengal Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2007 supply to the petitioner can be reconnected only if the whole of the assessed amount is paid. This means that if the petitioners pay the whole of the assessed amount in terms of the order of the appellate authority, then the licensee will incur a statutory obligation to reconnect supply within 48 hours from the moment of payment, provided the petitioners comply with other necessary formalit...
Titagarh Wagons Ltd. Vs. Celtec Engineering Pvt Ltd and ors.
Court: Kolkata
Decided on: Sep-02-2010
The Court : This is an application for deletion of the name of the defendant no.1 from C.S.131 of 2009. The case of the applicant is that it has been impleaded as a party defendant and a decree sought against it although no contractual relation exists between the plaintiff and the applicant. The purchase was made by the plaintiff from the defendant no.2 and if there is any privity of contract it is between the defendant no.2 and the plaintiff. As there is no privity of contract between the plaintiff and the applicant herein and no warranty issued by the applicant, the question of any breach thereof cannot arise and therefore, the suit filed against it is bad for misjoinder of party and liable to be dismissed. Counsel for the plaintiff while opposing the application submits that undoubtedly the applicant is the manufacturer of automatic twist locks. It is not the case of the applicant that the plaint does not disclose any cause of action. All that the applicant seeks is deletion of its ...
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